What types of housing cases are covered under legal aid?
Legal aid covers cases where clients face loss of their home, serious disrepair affecting health, unlawful eviction, or harassment by landlords. It also covers homelessness appeals and some injunction applications. Legal aid is not available for routine tenancy disputes such as rent arrears without eviction proceedings. Billing is tied to the type of work done, with most early-stage advice funded under Legal Help and more complex matters proceeding under a certificated case.
How is legal aid billed for housing advice under the Legal Help scheme?
Legal Help is billed at hourly rates set by the Legal Aid Agency (LAA). Solicitors can claim for time spent giving advice, preparing documents, negotiating with landlords, or liaising with councils. There are limits on the total hours unless an extension of costs is approved. Legal Help covers work short of proceedings; once litigation starts, the case moves to a full certificate.
What is the difference between Legal Help and a certificated case in housing matters?
Legal Help funds initial advice and negotiation, while a Legal Aid Certificate covers representation in court. Billing under Legal Help is usually at lower hourly rates, whereas certificated cases are billed according to the relevant remuneration regulations, often with graduated fees. Correctly categorising the stage of the case is crucial to avoid underclaiming or rejection.
What are the hourly rates for housing Legal Help work?
Hourly rates vary by fee-earner type and region. As of current guidance, rates are around: £63 per hour for solicitors in London. £57 per hour for solicitors outside London. £45 per hour for trainees or accredited caseworkers. These rates are subject to periodic adjustments by the LAA. Firms must use the correct rate for each fee-earner.
Can disrepair claims be covered under legal aid?
Yes, but only if the disrepair is causing a serious risk to health or safety. Routine repairs without health impact are excluded. Solicitors must document evidence such as medical reports or environmental health notices. Billing is done either under Legal Help (for pre-action advice) or under a certificate (if litigation is necessary).
How are unlawful eviction cases billed under legal aid?
Unlawful eviction cases often require urgent injunctions. Solicitors can start with Legal Help for initial advice but must quickly obtain an emergency certificate to cover court representation. Billing is done on certificated rates, and disbursements (e.g., court fees, process server costs) can usually be claimed with prior authority.
What is the Housing Possession Court Duty Scheme (HPCDS)?
HPCDS provides on-the-day representation in possession proceedings. Solicitors are paid by a block contract, not per client. This means individual cases from the scheme cannot be billed separately under Legal Help. However, if follow-up work is needed beyond the court day, it can be billed under Legal Help or a certificate, provided the client signs a legal aid application.
How do solicitors bill for homelessness appeals?
Homelessness reviews and appeals are covered under Legal Help for early advice, and certificated funding if the matter proceeds to the county court. Billing under Legal Help is hourly, while certificated work may use either hourly or fixed advocacy rates, depending on the stage of proceedings. Solicitors must carefully record each step, including written representations to local authorities.
Can travel and waiting be claimed in housing cases?
Yes, travel and waiting are billable under both Legal Help and certificated housing cases. Travel should be recorded with start and end times, and mileage can be claimed at set LAA rates. However, excessive or unnecessary travel may be reduced on assessment, so solicitors should justify why travel was essential (e.g., attending court in another jurisdiction).
What is the role of the escape fee mechanism in housing Legal Help?
Like other areas of law, if the solicitor’s recorded costs under Legal Help exceed three times the standard fee for the matter, the case can be billed at hourly rates instead of the capped fee. This is particularly relevant in complex disrepair or homelessness cases involving significant correspondence. Detailed time records are essential to trigger this mechanism.
How are disbursements authorised and billed in housing legal aid?
Disbursements such as expert surveyor reports, medical reports, or interpreter fees require prior authority from the LAA in most cases. Solicitors must submit justification showing the disbursement is necessary to progress the case. Without prior authority, claims may be disallowed at assessment. Always attach invoices when submitting claims.
Can a solicitor bill separately for pre-issue negotiation and litigation in housing cases?
Yes, but under different schemes. Pre-issue negotiation is billed under Legal Help. Once litigation is initiated, the solicitor must apply for a legal aid certificate, and subsequent billing is under certificated rates. Solicitors cannot continue billing under Legal Help once proceedings are issued.
How are housing possession cases billed under legal aid?
Possession cases typically start with Legal Help advice and move to certificated funding if defended in court. Billing for certificated possession cases often follows graduated fees based on case outcome (e.g., settled, trial, etc.). The LAA provides set fee tables for housing possession representation.
How does the Means Test affect housing legal aid billing?
Clients must pass a means test for Legal Help and certificated cases, though exceptions apply (e.g., immediate risk of homelessness). Solicitors should keep signed means forms and evidence of income on file. If means testing is not properly evidenced, billing claims may be rejected on audit.
What are common billing errors in housing legal aid cases?
wareness of these pitfalls helps firms avoid reductions.
Can legal aid cover mortgage possession cases?
Yes, if the client is at risk of losing their home. Legal Help can cover early advice and negotiation with lenders, while certificated funding may be needed for defended possession proceedings. Billing follows the same rules as tenancy possession claims.
How are injunctions against landlords billed?
Urgent injunctions (e.g., for harassment or unlawful eviction) usually require an emergency legal aid certificate. Solicitors can obtain delegated authority to grant this. Billing is done on certificated rates, including time spent drafting applications, attending court, and liaising with bailiffs or police.
How do solicitors bill for follow-up work after HPCDS hearings?
Follow-up work (e.g., defending eviction proceedings beyond the first hearing) must be billed separately under Legal Help or a certificate. The solicitor should get the client to sign a legal aid application on the day of the hearing to ensure continuity. HPCDS work itself is block-funded and cannot be billed individually.
How do fixed fees apply in housing Legal Help?
Housing Legal Help cases have a standard fixed fee that covers typical advice work. If recorded time is below three times the fixed fee, the solicitor can only claim the fixed fee. If above, the case “escapes” and is billed at hourly rates. This structure incentivises accurate time recording.
What best practices help solicitors maximise housing legal aid billing?
Best practices include: Keeping detailed time notes in 6-minute units. Getting prior authority for disbursements early. Recording health impacts in disrepair cases to justify eligibility. Ensuring means evidence is properly collected. Using case management software to track fixed vs. escape fees. Following these ensures full recovery of costs and reduces audit risks.